Court dissolves 17-year-old marriage over incompatibility

The Akwa Ibom State High Court sitting in Uyo has dissolved the marriage between a 48-year-old former banker and his wife, a 43-year-old housewife.

The court presided over by Justice Ntong Ntong dissolved the 17-year-old marriage on Friday, 6 October 2023 and awarded primary custody of the two female children of the union to their mother.

The estranged husband had petitioned the Court praying it to dissolve the union on grounds that there was no more love and that the marriage had broken down irretrievably.

The presiding judge, Justice Ntong Ntong in his judgment said it was unfortunate that “the parties have forgotten their first love and today have decided to fight naked in public.”

He said: “No one can force a cow to drink water at the river and no one can impose a willing wife on an unwilling husband and vice versa. Marriage is a contract of mutual interest and love. Where love flies away, then the marriage will be terminated and dissolved by this Honourable Court.” Justice Ntong held.

On the issue of property at Eniong Ewet Housing Estate in Uyo, the Court held that “since there is no chemical or science that can erase the blood relationship between the petitioner and his two female children, it will be in the best interest of the children for the children to remain and continue to be sheltered in their father’s house.”

Justice Ntong said he believed the “testimony and exhibits tendered by the respondent, including receipts she bought some building materials for the development of the house, where she is residing with her children and it will be unfair to throw the baby away along with the water and the bathe”.

He said “it is not easy for a wife to bear a child or children for her husband, as the process of labour is between life and death” adding that, “if heavens gave women labour pain, the society should compensate them with love and nothing more pretentious.”

The court said since the respondent contributed immensely to the development of the family property, she shall continue to hold the property at Eniong Ewet Housing Estate in Uyo for herself and in trust for her two female children, who cannot suffer so much from the separation of their parents.”

On the custody of the children, the Court believed that a mother will readily understand the conditions of her female children than the father and will be careful to know when they undergo puberty and menstruation.”

“It is, therefore, commonsensical to allow girl children in the primary custody of their biological mother and allow their biological father access only at the reasonable time provided that the petitioner shall always notify the respondent of his intention to visit his children in writing within 48 hours before the visit,” Justice Ntong further held.

The court also ordered the parties to execute an undertaking in writing with their current colour passport photographs to be of good behaviour, maintain peace with each other and eschew violence.

The Judge also ordered “both parties to follow the ordinary course of nature and take care of the general welfare of the children.”

“Accordingly, the marriage made and celebrated on 5th August 2006 at Akoko North West Local Government Marriage Registry in Ondo State under the Matrimonial Cause Act, Laws of the Federal Republic of Nigeria, 2004, is hereby dissolved. This is the judgement of this Honourable Court. I so hold.” Justice Ntong said.